Terri McGuire Mollica v. United States
HabeasCorpus CriminalProcedure Privacy
Was Petitioner's guilty plea sustained in violation of the Fourth Amendment, Unreasonable-Search-and-Seizure, where law enforcement conducted a warrantless search of Petitioner's purse after the purse was under the exclusive control of law enforcement and while Petitioner was locked in a detention cell, thus unable to access purse contents at the time of the search?
QUESTIONS PRESENTED FOR REVIEW 1. Was Petitioner's guilty plea sustained in violation of the . : Fourth Amendment, Unreasonable. Search and Seizure, . . : where law enforcement conducted a warrantless search of Petitioner's purse [in which she hada reasonable . expectation of privacy] after the purse was under the : ' exclusive control of law enforcement and while Petitioner . was locked in a detention cell, thus unable to access . ; : purse contents at the time of the search? ; 2. Was defense and appellate counsel constitutionally : ; ineffective when he misadvised Petitioner regarding . the admissibility of illegally obtained evidence ["fruits : of a poisonous tree"]; failed to investigate the illegal search and seizure before advising Petitioner to accept : : a plea agreement; failed to file a suppression motion for : . the illegally obtained evidence; and, failed to raise the : illegal search and seizure on direct appeal? : . ‘ 3. Did the Court of Appeals for the Eleventh Circuit and the : . . . ~ District Court for the Northern District of Alabama commit : reversible error denying Petitioner's ‘section 2255 motion : ‘without conducting an evidentiary hearing? . : 4, Did the Court of Appeals for the Eleventh Circuit commit. . ; "reversible error when it refused to rule on Petitioner's . ; : section 2255 claims of Sixth Amendment violations of . ce ineffective assistance of counsel? : _